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AB-344 Employment of minors: permit.(2013-2014)

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Amended  IN  Assembly  April 08, 2013


Assembly Bill
No. 344

Introduced by Assembly Member Ian Calderon

February 13, 2013

An act to amend Section 1308.5 of the Labor Code, relating to employment.


AB 344, as amended, Ian Calderon. Employment of minors: permit.
Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner in the form of a permit for a minor under the age of 16 to take part in specified types of employment.
This bill would require the Labor Commissioner to impose a reasonable fee sufficient to offset the costs of carrying out these provisions, but not to exceed $50.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


 Section 1308.5 of the Labor Code is amended to read:

 (a) This section, with the exception of paragraph (4) of this subdivision, shall apply to all minors under the age of 16 years of age. The written consent of the Labor Commissioner in the form of a permit to employ a minor in the entertainment industry is required for any minor, not otherwise exempted by this chapter, for any of the following:
(1) The employment of any minor, in the presentation of any drama, legitimate play, or in any radio broadcasting or television studio.
(2) The employment of any minor 12 years of age or over in any other performance, concert, or entertainment.
(3) The appearance of any minor over the age of eight years of age in any performance, concert, or entertainment during the public school vacation.
(4) Allowing any minor between the ages of 8 eight and 18 years of age, inclusive, who is by any law of this state permitted to be employed as an actor, actress, or performer in a theater, motion picture studio, radio broadcasting studio, or television studio, before 10 p.m., in the presentation of a performance, play, or drama continuing from an earlier hour until after 10 p.m., to continue his or her part in such that presentation between the hours of 10 p.m. and midnight.
(5) The appearance of any minor in any entertainment which is noncommercial in nature.
(6) The employment of any minor artist in the making of phonograph audio recordings.
(7) The employment of any minor as an advertising or photographic model.
(8) The employment or appearance of any minor pursuant to a contract approved by the superior court under Chapter 3 (commencing with Section 6750) of Part 3 of Division 11 of the Family Code.
(b) Any person, or the agent, manager, superintendent, or officer thereof, employing who employs a minor either directly or indirectly through third persons, or any parent or guardian of a minor who employs, employs or permits any minor to be employed, in violation of any of the provisions of this section is guilty of a misdemeanor. Failure to produce the written consent from the Labor Commissioner is prima facie evidence of the illegal employment of any minor whose written consent is not produced.
(c) The Labor Commissioner shall impose a fee for the issuance of a permit required by this section in an amount sufficient to offset the costs of implementing this section, but not to exceed fifty dollars ($50). The Labor Commissioner shall deposit fees collected under this section into the Entertainment Work Permit Fund. The funds shall be available to the Labor Commissioner, upon appropriation by the Legislature, to pay for the costs associated with carrying out this section.